Madras High Court
The General Manager vs B.Pandian ... 1St on 26 February, 2025
Bench: J.Nisha Banu, S.Srimathy
W.A(MD)No.504 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.02.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
and
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.A(MD)No.504 of 2024
and
C.M.P(MD)No.4037 of 2024
The General Manager,
Sivagangai District Co-operative Milk
Producers Union Limited,
Kalanivasal, Karaikudi – 630 002,
Sivagangai District. ... Appellant/2nd Respondent
vs.
1.B.Pandian ... 1st Respondent/Writ Petitioner
2.The Managing Director,
Tamil Nadu Co-operative Milk Producers
Federation Limited,
No.3A, Muthuramalinganar Salai,
Nandanam, Chennai – 35.
3.The Chairman,
Sivagangai District Co-operative Milk Producers
Union Limited,
Kalanivasal, Karaikudi – 630 002,
Sivagangai District. ... Respondents 2 & 3/
Respondents 1 & 3
1/8
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W.A(MD)No.504 of 2024
PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 12.06.2023 made in W.P(MD)No.8427 of 2023 on the file of this
Court.
For Appellant : Mr.J.Devasenan
For R – 1 : Mr.G.Sakthi Rao
For RR 2 & 3 : No appearance
JUDGMENT
(Judgment of the Court was delivered by J. NISHA BANU, J.)
The present Writ Appeal is directed against the order passed by the
Writ Court dated 12.06.2023 made in W.P(MD)No.8427 of 2023.
2.The first respondent/writ petitioner seeks appointment to the post
of Senior Factory Assistant in the appellant Union. Since his request was rejected,
he has filed the Writ Petition.
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3.The Writ Court, after considering all the materials available on
record, allowed the Writ Petition directing the respondents therein to permit the
first respondent/writ petitioner to join duty as Senior Factory Assistant.
Challenging the same, the second respondent as appellant has preferred the
present Writ Appeal.
4.The learned counsel appearing for the appellant stated that the
Union had issued a notification dated 30.10.2017 inviting applications for filling
17 posts of Senior Factory Assistant from eligible candidates. As many as 817
applications were received. Thereafter, written examination was conducted. That
was followed by interview and certificate verification. The first respondent/writ
petitioner was one of the selected candidates. The selected candidates, including
the first respondent/writ petitioner, were intimated about their selection and
directed to report for duty on 09.05.2018, after collecting the appointment orders.
However, only ten persons received the appointment orders and joined duty. On
10.05.2018, one Rajkumar filed a Writ Petition before this Court in W.P(MD)No.
10646 of 2018 and obtained an order of interim stay. Subsequently, the said Writ
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Petition was dismissed as withdrawn on 10.12.2019. Thereafter, the post was
brought under the purview of TNPSC. The cadre strength of the Union was also
reduced. Because of these subsequent developments and inaction on the part of
the first respondent/writ petitioner, the Management was unable to accept the first
respondent's request, therefore, the Society is not in a position to continue the
selection process after a lapse of 5 years and prayed for allowing the Writ Appeal.
5.The learned counsel appearing for the first respondent stated that
the Writ Court, after considering all the material aspects, allowed the Writ
Petition, which does not warrant interference.
6.Heard the learned counsel appearing for the appellant and the
learned counsel appearing for the first respondent and perused the materials
placed before this Court.
7.Perusal of the materials available on record would reveal that the
first respondent/writ petitioner belongs to a family of an ex-service man. He
comes under the priority category and he was selected in the selection process,
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which concluded on 08.05.2018. The results were published in the notice board
during the evening hours of 08.05.2018 and the selected candidates were called
upon to collect the appointment orders and report for duty. The call letter for the
process of certificate verification which was held on 07.04.2018, was received
through post. Likewise, the call letter for participating in the interview that was
held on 08.05.2018 was also received through post. Therefore, it can be
concluded that each step involved in the process of intimation to the selected
candidates was through the medium of post. If that being the case, one can
conclude that the appointment order should also have to be sent through the
medium of post. Here in the present case on hand, it can be seen that the writ
Court has rightly concluded that it is difficult to believe that the selected
candidates were orally intimated to collect the appointment orders and report for
duty on 09.05.2018 itself, when all other earlier informations were send to the
selected candidates through the medium of post.
8.Moreover, the first respondent/writ petitioner as a selected
candidate was not able to join duty only on account of the institution of writ
proceedings by one Rajkumar. When the said writ petition was dismissed as
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withdrawn on 10.12.2019, the first respondent/writ petitioner's right was restored.
Therefore, the appellant ought to have intimated the first respondent/writ
petitioner about the dismissal of the writ petition and should have called upon
him to join duty but that was not being done. Therefore, the writ Court has
correctly inferred that the appellant, having failed in its duty to intimate the first
respondent/writ petitioner, curb the rights of the first respondent by putting the
blame of subsequent developments against the first respondent/writ petitioner.
9.In view of the above, this Court finds no merits in the Writ Appeal.
Accordingly, this Writ Appeal is dismissed. There shall be no order as to costs.
Consequently, connected Miscellaneous Petition stands closed.
[J.N.B.,J.] & [S.S.Y.,J.]
26.02.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes
ps
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To
1.The General Manager,
Sivagangai District Co-operative Milk
Producers Union Limited,
Kalanivasal, Karaikudi – 630 002,
Sivagangai District.
2.The Managing Director,
Tamil Nadu Co-operative Milk Producers
Federation Limited,
No.3A, Muthuramalinganar Salai,
Nandanam, Chennai – 35.
3.The Chairman,
Sivagangai District Co-operative Milk Producers
Union Limited,
Kalanivasal, Karaikudi – 630 002,
Sivagangai District.
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J.NISHA BANU, J.
and
S.SRIMATHY, J.
ps
ORDER MADE IN
DATED : 26.02.2025
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